Bare ActsThe Assam Evacuee Property Act, 1951

Section 18

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Management by the Committee,-—(I) The Committee may take charge of any evacuee property of an evacuee in the following cases—- (a) where a report is received from the Deputy Commissioner under clause (d) of sub-section (2) of section 4, or (b) where the State Government has taken steps for the rehabilitation of the evacuee under sub-section (3) of section 6, or (c) where before the appointed day the evacuee makes a declaration before the prescribed authority of bus intention not. to return to Assam, or (d) where after the appointed day the evacuee has not returned to Assam, whether there is or not a declaration by the evacuee of his intention not to return or whether there is or is not an application to the Committee to take charge of his property. (2) Before taking charge of an evacuee property, the Committee shall cause a public notice to be given in tire prescribed manner calling for objections to the taking of charge of such property by the Committee to be filed before the Committee within a date specified in such notice. (3) If after considering the objections filed within the date specified in such notice the Committee is of opinion that there is a dispute as to whether such property is the property of the evacuee, the Committee shall refer such dispute to the Deputy Commissioner for summary enquiry and decision. (4) If there is no such dispute as aforesaid or if the Deputy Commissioner on being referred to under sub-section (3), decides that such property is the property of the evacuee, the Committee shall pass an order directing that the charge of the property be taken by the Committee and thereupon such property shall, subject to the provisions of sub-section (2) of section .5, vest in the Com ­ mittee and any Deputy Commissioner’s order made in respect of such property shall stand cancelled (5) Where any evacuee property vests in the Committee under sub-section (4), the Committee shall, as soon as may be, give public notice of the fact in the prescribed manner. (6) . Notwithstanding anything contained in the foregoing provisions of this section, the Committee shall not take charge of any evacuee property if the evacuee being the sole owner or the entire body of co-sharer owners of such property, objects to the charge thereof being taken by the Committee and furnishes evidence to the satisfaction of the Committee that adequate arrange­ ments have been made for the management and proper utilisation thereof. (7) Nothing in this section shall affect the right of any person to establish his title in a competent Court.

Section 18 – The Assam Evacuee Property Act, 1951 | DailyLaw.ai